O'Connor v. Benson Coal Co.

This is an action under G. L. (Ter. Ed.) c. 229, § 5, to recover for the death by negligence of the plaintiff’s intestate, Lorraine Hofman, a child three years and seven months of age living with her parents in Melrose.

The deceased met her death as the result of being run over by a truck driven by her own father, Frank Hofman, while acting within the scope of his employment by the defendant as a driver, in delivering at his own home some bags of coal which he had purchased from the defendant for his own use. It was agreed that the deceased was incapable of exercising any care for her safety.…